Utah lawmakers gave a quick green light to a bill proposing to let cities and counties take over federal land, despite strong warnings from legislative attorneys that it is almost certainly unconstitutional. "When it comes to public lands, I consider it a badge of honor to have a constitutional note," said Rep. Ken Sumsion, R-American Fork, referring to the note from lawyers cautioning about the bill’s legality. The bill, HB511, passed easily — breezing through the House Natural Resources Committee on an 8-1 vote. Only one member, Rep. Doug Sagers, R-Tooele, questioned the legal analysis, which he said "paints a picture that’s not very pretty," but he voted for the bill. The Legislature’s lawyers said that cities and counties have no standing to exercise eminent domain over federal land and the law would violate a string of Supreme Court precedents and the Property Clause of the Constitution. Two years ago, Sumsion and Rep. Chris Herrod, R-Provo, sponsored legislation that would have let the state use eminent domain authority to seize land from the federal government. But the governor and attorney general have never exercised the authority. Now Sumsion, who is running against Gov. Gary Herbert, wants to extend the authority to cities and counties, which he acknowledges would be a useful tool for counties looking to expand oil and gas development and southern Utah counties where there are frequent clashes over access to federal lands...
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